The conditions to grant an exemption from certain rules of the Third Package for major new gas infrastructure are set out in Article 36 of Directive 2009/73/EC (‘Gas Directive’). To be exempted, the new infrastructure must essentially (a) enhance competition, (b) be necessary for the investment to take place, (c) be owned by a person which is legally separated from the system operator, (d) levy charges on users and (e) not be detrimental to competition or the functioning of the internal market.

More guidance on the conditions and the application of the exemption provision in practice in the Commission’s Staff Working Document on New Infrastructure Exemptions (SEC(2009)642 final)(1). All previous exemption decisions are also available(2).